Another SIGMA claim via HL Legal

[LEYLA]

Hi everyone.

 

I had noticed that I was not alone in receiving a claim for "part payment of monies due," on Friday 13th.

As it seems to be identical to others, I was just going to follow the great advice given, but was advised to start my own thread.

 

This was originally a Marks & Spencer credit card, which their finance dept transferred to a loan, when repayments got too difficult for me to meet (a few years back ). Anyway, it transpires that Sigma SPV1 was assigned to take on the loan in December.

 

Issued 10 July 2012

POC:

Part only of monies due under regulated Credit Agreement number ----------

Between

Marks and Spencer Financial Services plc and the Defendant the benefit of which was assigned to the

Claimant on 21/12/2011

The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by Marks and Spencer Financial Services plc

The Claimant seeks interest pusuant to section 69 of the County Courts Act 1984 at the rate

of 8% per annum from the date of the issue continuing at the daily rate of 0.07

Any payments or queries should be directed to the claimant on: Phone number ----

Email: Info@------

 

I have already acknowledged service online with giving my intention to defend all of the claim!

I really don't understand why this particular stratergy is being used!

The only letter received from this company, was an apology, because they had sent correspondence with my name to the wrong address. I suspect there may have been others, as I have returned a number of letters unopened, which have arrived over the past few months, due to the envelopes being addressed to an unknown person.

 

So next step - do I now ask them to reveal their evidence? Also, by what date should my defence be prepared by?

Many thanks

LEYLA

[nana buzzz]

Hi Leyla

I received my claim from Sigma on the same day as you. will also be defending all of the claim. Today i sent my CPR 31.14 request and part 18 request to H L Legal..at this stage it's about wrestling things away from the claimant while you still can.

[LEYLA]

Good to know there's a few of us at the same stage. Did you edit the templates at all, or just request everything from template?

[LEYLA]

Just done the CPR31.14, but would appreciate someone keeping me right on a couple of points.

In addition is it wise to send a part 18 as most people have done? It appears most of the debts obtained by Sigma, are overdrafts on current accounts, which mine wasn't.

Also, whilst I know that all documentation goes through the solicitor, does address on actual letter show Sigma or HL? Silly points, which I'm sure I should know, but I suffer with fibromyalgia, which causes "fog brain," so I get confused very easily. Would really appreciate it, if someone could let me know, so letters can be printed & ready for post in the morning.

Thanks Guys,

LEYLA

[nana buzzz]

Good to know there's a few of us at the same stage. Did you edit the templates at all, or just request everything from template?

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim. I deleted this part but everything else applies.

 

send to H L solicitors address

 

Also I believe you have after ticking to defend 33 days to submit your defence. As yours is the same date as mine I have that as the 11th of August but you should call Northampton to double check..Sorry about the Fibro I have a friend who suffers with it too.

[nana buzzz]

Also whatever you do make sure you send recorded signed for.

 

CPR 31.14 is 14 days from date of service ( when they sign for it) and CPR part 18 (should you choose to send one) is seven days from when served

[LEYLA]

Many thanks NB. Good to have things clarified, as I had also worked out the same date for defence.

Still uncertain about the CPR part 18, but suppose it can do no harm to request one anyway and see what comes back.

[SkemDosser]

Hi Leyla you'veprobably seen my positon/advice on other threads so won't repeat them here!

 

I would bang in a CPR 18 request as well. It's a simple exercise and entirely relevant in this situation because they are mentioning sums claimed through the application of interest rates etc without giving any indication of what balance they have used to devise this claim figure of £299. Where has this figure come from? The ether? Musings over the coffee machine one Friday afternoon? You have a right to know in detail. Also if nothing else, the CPR 18 request will act as another [official] reminder of how weak there case is, and how prepared you are

 

On another issue, I see you are one of the thousands who had wrongly addressed letters in the first place. Did you get a notice of assignment backed up with a letter [supposedly] from M&S itself in the same envelope last January, and was that NoA named to someone else? If so I hope you kept it and filed it away...it's a useful bit of paperwork to have in the event of Sigma getting bolshie about all this.

[LEYLA]

Okeydokey, have heard nothing at all from SIGMA or HL. As the date for defence is 11th August, what should next step be? Seems pretty close to deadline to be sending reminder! If this is adviseable, is there a template I can use?

[SkemDosser]

Hi Layla, I and I warrant many hundreds of others, will have not recieved anything back either. Why? Because HL haven't a scrap of kosher paperwork to back their claims up.

 

Personally I see no point once the CPR request period is up, offering HL more time to send this info before submitting a defence as some other people suggest. Why surrender the initiative and allow the claimant time to stall things, particularly as they have brought this action against you and should, therefore, have all of the correct paperwork at their fingertips?

 

So I have written to HL this week and told them due to a lack of any proper information I am submitting a defence immediately, which I have now done [Andy's done a good one that is short and to the point]. This focuses the claimants mind, as they effectively have a month to decide whether to fork out more money to continue. This keeps YOU in control, and them on the backfoot. I also sent in a CCA request as soon as I got the claim, which in a couple of days they will default on. They've also told me they will do so, as they have to refer back to the OC for a copy of the agreement and won't meet the time limit. Well as I strongly suspect whatever paperwork M&S had went straight into the incinerator when they sold these lost-cause accounts, I wish them luck with that.

 

The simple fact to my mind, is that this sort of claim is beaten by procedure and pressure on the claimant, and not giving them an inch of your power over them away. As a defendant you are in contol and THEY have to do the running, not you.

 

I reckon now, it will play out this way. We will either get the letter offering a stay on condition of enterng a repayment plan for the full balance [which still remains magically unmentioned], or nothing at all. The case will limp on for a few weeks to eventually be stayed by the court through HL's non-response to the defence. That's when I, personally, will be springing into action again and applying for a strike out with costs, as I have already warned them I will do, and will repeat in a couple of letters to them over the next few weeks, offering them the opportunity to admit they have no proper documentation and as such, to discontinue the claim

[LEYLA]

Wow SD - love your fighting spirit!

I'm worried about the time it leaves me for the defence, if I send out reminder to them, so think I shall also send them a letter, short & concise, stating that due to non-compliance of request I'm submitting defence.

I am submitting a defence immediately, which I have now done [Andy's done a good one that is short and to the point]

Can I ask where this defence is? I need all the help possible, as concentration is very poor due to my medical condition.

Thanks

[LEYLA]

How can I have been so stupid????

Just tried logging onto MCOL, and find that I can't! Normally so careful with all id, passwords etc, & keep everything organised, but looks like I've shredded it! Bright Spark, that I am, thought if I re-entered details & defence pack numbers, I'd be able to do it that way - URRRR NO!! Have tried to get hold of court, but phone just constantly ringing.

 

Right, so it looks like I'll be sending defence off registered post, when it's done! If anyone could guide me on wording of defence, I'd be most grateful. As you've probably gathered, brain foggy a lot of the time due to fibro.

[SkemDosser]

Hi Leyla it sounds like you have exactly the same timescale as me [11th Aug defence deadline] so I would get the defence in sharpish and don't leave it too late. This is a link to Andy's simple defence:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353605-Sigma-SPV-1-(HSBC)-v-myself/page2

 

 

Put at the top 'I am xxxx a litigant in person.' As there's plenty of space to do so, I also copied out the Particulars of Claim with the paragraphs numbered, so that the defence that follows can be easily referenced back to it [start your defence section with the heading 'My Defence'].

 

In the meantime write to HL and tell them they have failed to meet your CPR requests. Offer them the opportunity to now tell you they do not have the adequate paperwork to continue this claim, and point out to them it is on balance sensible to now discontinue the action.

 

Remember this is like shadow boxing with the dca at the moment. It is unlikely for example, whatever defence you put in will be seen by anyone for some time, and the court system won't be bothered with its content until a couple of weeks before any hearing, when the judge first picks up the file. This is of course a long way down the line and the dca has a lot of work to do before it gets that far. It's also difficult to think in these terms when to you it is a very personal process, but to a dca it isn't personal and you are -quite literally in this case- just a name and number on a debt purchase sheet. If the going gets rough and, in particular, a case is starting to cost them time and money with little chance of anything back at the end of it, they will quite simply drop it and move on. Some are a thicker at realising this sooner rather than later and I suspect HL is one of them, but it does eventually dawn on all of them. You just have to hang in there and push them to that point, as quickly as possible.

 

HL and all dca's in this situation, base their strategy on people's fear and ignorance. They bank on people being petrified by an official court claim and either doing nothing or capitulating straight away with a pay up. A lot of people [although increasingly fewer fortunately] don't realise how easy with a little research and group support, it is to defend claims like this. This is of course, the financial industry's worst nightmare. We are however empowered with knowledge and although many people work hard at keeping it a secret, as defendants WE, as ordinary people who are can't pays rather than won't pays, have the advantage. The key is to hold onto that advantage at all times

[SkemDosser]

Sorry to hear about your condition Leyla. Just one thing with MCOL- are you saying you've lost your Gateway access login to first get into MCOL? Or are you able to get in MCOL,but can't find how to get to your claim? Just a thought, but the screen is laid out a bit strangely; if you scroll down a bit, you see your case number which you can click on and get straight into your claim info and links. Just a thought.

 

But if you have lost your Gateway login info, maybe it's possible to set up a new one...don't know the process to be honest but I can't see why not...

[Old Cogger]

I lost mine and was able to set up another

[LEYLA]

Thanks Guys.

Going to follow your great advice SD. Busy with letter to HL now.

As for MCOL - seem to have made an utter mess on that!!!!

All login details must have ended up in shredder, so decided to try & set new one up, but it won't accept the defence pack id or claim number - keeps telling me there's an error URRRRGGGhhh.

[LEYLA]

Could someone tell me if this is ok, or if I need to alter it?

 

On the 18th July I wrote to you,confirming acknowledgement of service to the court.

I also made a request under CPR 31.14 forthe disclosure and production of documents mentioned in your Particulars ofClaim. Part 18 Request for furtherinformation, was sent separately, and both were received by your office on 19thJuly 2012.

Up to this time, I have not received eitherdocumentation, or any indication that this information will be forthcoming. Ican only assume that you are not in possession of these details and thereforeask that you state this to me in writing.

Please be aware, that I now intend to goahead with my defence, and shall make the court aware of your non-compliance.

Yours Faithfully,

[SkemDosser]

Looks good to me:) Send recorded as with all correspondence to them from hereonin.

 

As an aside, I always tag on a last para about my personal circumstances, if they are relevant to the process. For example if you are on a low income and/or reliant on benefits, tell them. If you have a disability or care for a disabled person, tell them, the same if you have little in the way of assets [i'd discount any savings under 16k as an asset, as that's the benchmark the DWP uses for establishing an asset of any significant value]. Essentially, if you are suffering hardship in any way, let them know as soon in the process as possible. In this way if it does go further down the line, you can a] state you have from the outset made clear your personal circumstances [only your difficult ones of course lol] and b] make it clear to the dca that they aren't going to get much back by pursuing the case...for example in the highly unlikely event they got a judgement against you, they'd probably only get a repayment a £1 a month which would cost them more to adminster than anything else, particularly if you demanded a receipt every month you paid it

 

This isn't just playing to the gallery [which has its own advantages later of course] but, practically, helps the claimant factor in yet more information that makes their case look more trouble than its worth. Just my persoanl approach of course

[SkemDosser]

Thanks Guys.

Going to follow your great advice SD. Busy with letter to HL now.

As for MCOL - seem to have made an utter mess on that!!!!

All login details must have ended up in shredder, so decided to try & set new one up, but it won't accept the defence pack id or claim number - keeps telling me there's an error URRRRGGGhhh.

 

Hmmm sounds like you are already in the system as far as the website is concerned, your claim page is already open. There's just no link betwen your new login and that area. I think you're going to have to call their helpline and try to get your new Gateway id/login etc linked to your now active claim page. I've never contacted them myself, but I've heard many others say they are very helpful [once you get through to them lol].

[LEYLA]

Thanks SD.

Going to get letter sorted & then worry about log in & defence on Monday. Have tried 4 times to phone without success!

Can't cope with more than 1 thing at a time

[hammyhound]

I was the same Leyla, couldn't log in at MCOl saying incorrect password or id although I copied everything to the letter from the claim pack.

 

Anyhow, I am in the same boat as you and sent my defence on Monday as MCOL are 6 days behind in filing their documentation so you must get your defence in early and check they have received. I am sure they are not 6 days behind in producing judgments though.

 

So get that defence in sharpish, don't leave it to the last minute as even though they have received it, they wont be placing it on the file in quick time.

[LEYLA]

Oh Goodness hh, if that's the case, I'm right on the wire, as it's due 11th August!

[LEYLA]

Right, if I'm having to post this via snail mail, there's a couple of questions please.

 

1) Is it best to write by hand on the form sent in pack, or can I type it up & attatch?

 

2) Also, is it ok to use the defence used by some of the others on this forum (all appear to have identical poc - just that mine was with M&S)?

 

3) In my letter to HL, I informed them of my intention to go ahead with defence, & to make court aware of their non-compliance. Would this be added onto defence, or a note added seperately to the court?

[LEYLA]

PANIC has spurred me on!

Decided it was best to check out FAQ on MCOL website, and discovered that I could email the defence, which I have now done. Did add a little note to say that HL had not acknowledged request for info.

Wondering if I should send copy by registered post as back-up, or if this should suffice?

[hammyhound]

I would send as back up just in case. Its better they have two on the file than none at all.

 

HH